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Senator Cruz Questions Judge Kavanaugh in Second Day of Confirmation Hearing

Staff Writer

Friday, September 7, 2018

SWEETWATER, TX

WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-Texas), member of the Senate Judiciary Committee, today questioned Judge Brett Kavanaugh in the second day of the confirmation hearing. There, they discussed the importance and relevance of federalism, religious liberty, and free speech in the American tradition. On Tuesday, Sen. Cruz delivered introductory remarks in support of Judge Kavanaugh, saying that the overwhelming majority of Texans want judges who will follow the law, will not impose their policy preferences, and who will be faithful to the Constitution and the Bill of Rights.
Before asking questions, Sen. Cruz thanked the Capitol Police for their professionalism in the midst of unfortunate disruptions.
Excerpts are below.
“Before I get into questions, I just want to take a minute to recognize and thank the outstanding work at this hearing by the Capitol Police in terms of the calm and professional manner dealing with the unfortunate disruptions we’ve seen and maintaining an environment where this hearing can focus on the record and substance of this nominee,” Sen. Cruz said. “And so thank you for the tremendous work that the men and women here are doing.”
Sen. Cruz continued, asking Judge Kavanaugh what makes a good judge
“Senator, a good judge is independent, first of all, under our constitutional system,” Judge Kavanaugh said. “Someone who is impartial, who is an umpire, who’s not wearing the uniform of one litigant or another, of one policy or another. Someone who reads the law as written, informed by history, and tradition, and precedent. In constitutional cases, the law as written informed by the canons of construction that are settled in statutory cases. That treats litigants with respect. That writes opinions that are understandable and that resolve the issues. I think civility and collegiality help make a good judge. A good judge understands that real people are affected in the real world - the litigants in front of them but also the other people affected by the decisions the judge decides or the court decides in a particular case. A good judge pays attention to precedent, which is in constitutional cases of course rooted in Article III and critically important to the stability and predictability and reliance interests that are protected by the law. So there are a number of things that go into making a good judge. A work ethic. It’s hard work to dig in and find the right answer in a particular case and I think that’s critically important as well. Judicial temperament. There are a lot of factors that go into it, and those are some of them. I’m sure there are more.”
Sen. Cruz and Judge Kavanaugh also had an exchange on the doctrine of federalism.
Can you share with this Committee why federalism matters?” Sen. Cruz asked. “And, again why Americans watching this hearing at home should care about the principles of federalism?”